BYLAWS OF THE INDIANA UNIVERSITY STUDENT ASSOCIATION PROPOSED

1/12/2013

APPENDIX A

THE IUSA ELECTION CODE

CODE OUTLINE

Title I: The Election Commission and Election Timeline

Section 102 Composition of the Election Commission

Section 103 Responsibilities of the Election Commission

Section 104 Responsibilities of the Chair of the Election Commission

Section 105 Appointment of the Chair of the Election Commission

Section 106 Appointment of Election Commissioners

Section 107 Terms of Office

Section 108 Removal of Election Commissioners

Section 109: Filling a Vacancy on the Election Commission.

Section 110: Election Timeline.

Section 111: Single Ticket Election

TITLE II: Candidate Eligibility Section 201: General Eligibility

Section 202: Filing for Candidacy.

Section 203: Receipt of Application.

Section 204: Residency Eligibility.

Section 205: School Membership Eligibility.

Section 206: Congressional Seats.

Section 207: Academic Requirement.

Section 208: Candidacy for More Than One Office.

Section 209: Running Mates.

Section 210: Tickets Defined.

TITLE III: Voting and Voters Section 301: Voter Eligibility.

Section 302: Online Voting.

Section 303: Polling Locations.

Section 304: Election Day Campaigning.

Section 305: Plausible Student Mandate for Executive Candidates.

Section 306: Plurality Vote Required for Congressional Candidates.

Section 307: Ballots.

Section 308: Alternative Voting Processes.

TITLE IV: Campaign Spending

Section 401: Campaign Expenditures Defined.

Section 402: Contributions for IUSA Elections.

Section 403: Financial Statements.

Section 404: Submissions of Intermediate Financial Statement to the Election Commission.

Section 405: Submission of Final Financial Statement to the Election Commission.

Section 406: Disclosure of Financial Statements.

TITLE V: General Campaign Violations

Section 501: Improper Use of Email.

Section 502: Improper Use of IUSA Office Space.

Section 503: Damage to Property.

Section 504: Affirmative, Deliberate Act to Cause Another’s Violation.

Section 505: Interference with Campaign Materials.

Section 507: Additional Residence Hall Restrictions.

Section 508: Campaigning in Study Areas.

Section 509: Financial Disclosures.

Section 510: Violations of University Policies.

Section 511: Voting at Bars.

TITLE VI: Campaign Violations Eligible for Disqualification

Section 601: Voter Fraud.

Section 602: Excessive Campaign Contributions.

Section 603: Excessive Campaign Expenditures.

Section 604: Candidate Cooperation.

Section 605: Material Violations.

TITLE VII: Evidentiary Standards for Election Commission Proceedings

Section 701: Initial Complaints.

Section 702: Evidentiary Standards for the Hearings of Election Complaints

Section 703: Selectivity of Disqualifications

Section 704: Ineligibility after Disqualification

TITLE VIII: Election Complaints and Appellate Procedures

Section 801: Properly Filed Complaints to the Election Commission.

Section 802: Accepting or Rejecting a Complaint.

Section 803: Procedure for Complaints after Acceptance by the Election Commission.

Section 804: Appeals of Decisions of the Election Commission.

Section 805: Acceptance of Appeals.

Section 806: Procedure for Appeals after Acceptance by the Supreme Court.

Section 807: Procedure for Appeals of a Disqualification.

TITLE IX: Responsibilities of the Supreme Court

Section 901: General Authority.

Section 902: Authority to Reverse Decisions of the Election Commission.

Section 903: Certification of the IUSA Election.

Section 904: Installation of new IUSA Officers.

Section 905: New Elections.

TITLE X: Responsibilities of Congress

Section 1001: General Authority.

Section 1002: Annual Congressional Evaluation of Election Code.

Preamble: This Election Code is enacted for the purpose of providing fair and equal opportunities for

all IUSA members to run for Congressional and Executive offices and to provide fair and equal

opportunities for all IUSA members to participate in the electoral process.

TITLE I: The Election Commission and Election Timeline

Section 101: Election Commission Mandate.

The IUSA Election Commission is responsible for planning and administering each IUSA election in

accordance with the rules and procedures outlined in this Code. Members of the Election Commission

are prohibited from serving in any other IUSA roles in the Executive, Legislative, and Judicial

branches during their tenure on the Election Commission. Additionally, current or past members of

the IUSA Election Commission are prohibited from running for any Executive or Legislative position

within IUSA unless the individual who wishes to run voluntarily left or was removed from office prior

to the beginning of the academic year in which said elections are to be held.

Section 102: Structure and Composition of the Election Commission

The Election Commission shall be a self-sustaining unit under the judicial branch of IUSA, subsidiary

to and separate from the Supreme Court. The Election Commission shall consist of nine (9) Election

Commissioners of a variety of ages, experiences, and backgrounds. One member of the group shall

also serve as the Chair of the Election Commission. These nine members will serve as long as they are

undergraduate students at Indiana University Bloomington unless they choose to leave or are removed

from office in accordance with Section 104.

Section 103: Appointment of Election Commissioners and Chair

The Election Commission shall be responsible for self-selecting its new members in future years with

Congressional approval. It is encouraged that the Commission consider candidates that encompass a

wide breadth of age, experience, and backgrounds. Each spring following IUSA elections, the

outgoing Election Commission shall vote to designate the Chair for the following academic year from

the group of returning members. Congress shall approve the Election Chair for the academic year.

The Election Commission and Chair shall be confirmed ideally the spring semester before, but no later

than September 1st of the academic year in which the election overseen by that Election Commission

will be held.

Section 104: Removal of Election Commissioners

It shall be grounds for dismissal from the Election Commission if any Commissioner works, speaks,

or performs publicly or privately for or against any candidate or referendum. It shall further be

grounds for dismissal if a Commissioner fails to perform the responsibilities stated in Section 106 or

107.

Any member of the IUSA Student Body Congress shall have the ability to petition Congress for the

removal of any Election Commissioner. Once this petition has been submitted, Congress shall have

the authority to remove the Election Commissioner with a two-thirds (2/3) majority of Congressional

Members present and voting. Additionally, the Student Body President, at his or her discretion, shall

have the authority to suspend the Election Commissioner from the point that the petition is submitted

until the point that the Congress determines whether or not removal is appropriate.

Section 105: Filling a Vacancy on the Election Commission

If an Election Commissioner leaves office for any reason, the remaining members of the Election

Commission shall select a replacement within a week and have the selection approved by Congress.

This approval should be made at the next regularly scheduled Congress meeting.

Section 106: Responsibilities of the IUSA Election Commission

IUSA Congress will allocate appropriate funds to the Election Commission to accomplish the tasks set

forth herein.

The Election Commission shall:

Organize, plan, and publicize all IUSA Elections and referendums as per the timeline in

Section 108;

Actively seek to increase awareness of IUSA among the student body throughout the

academic year and especially during election season;

Aim to increase voter turnout;

Publicly announce and promote all events stated in the election timeline;

Act to enforce all rules and regulations contained within this Code;

Act as the overseeing body of all referendum procedures;

Issue advisory opinions to any individual or body requesting interpretation of this Code;

Verify that all executive candidates meet the requirements for candidacy, and notify each

candidate in writing of his or her candidacy status within three (3) class days after receipt of

the application;

Request from the IUSA Supreme Court certification of the IUSA Election Results;

Hear all properly filed complaints according to the guidelines set forth in Title VIII;

Take necessary measures to advertise both the Callout and election process in general, using

means including but not limited to social media, fliers, and the Indiana Daily Student;

Designate two (2) Commissioners to liaise with each eligible ticket to provide guidance and

answer questions about the Code; and,

Coordinate and host unbiased polling stations on campus on elections days.

Section 107: Responsibilities of the Chair of the Commission

The Chair shall:

Oversee and coordinate the Election Commission’s proceedings;

Execute the decisions of the Election Commission;

Report to Congress and the Executive branch on behalf of the Commission;

Make a sample ballot available for review by all candidates, and notify all candidates that the

sample ballot is available for review no later than one (1) week prior to the election;

Personally direct the tabulation of all ballots, and preserve the results of the tabulation until

the new IUSA officers are sworn into office;

Represent the Election Commission in all public statements;

Address all claims of voter fraud and technical malfunction before releasing final vote counts;

Serve as the official liaison with technology services in the management of the online voting

system; and,

Act as a voting member of the Election Commission.

Section 108: Election Timeline.

Each of the following events must occur in each election cycle with additional the inclusion of

additional events being at the discretion of the Election Commission. Unless otherwise noted, the

Election Commission shall publicize each event at least two weeks before its occurrence:

Call-Out. There shall be one campus-wide callout for the IUSA Election that will occur no

later than four (4) weeks before the election. This call-out shall serve as a general introduction

to the IUSA Election, including a timeline of events for the IUSA Election. It shall also give

all who are interested in becoming candidates an opportunity to ask questions about the IUSA

Election.

Applications. Applications shall be made available to the Student Body no later than one (1)

week after the call-out meeting and shall be due no later than two (2) weeks before the

election. Candidates will also be required to provide proof of residency or proof of academic

eligibility in accordance with Title II of the Election Code when submitting an application.

All-Candidate Meeting. There shall be at least one all-candidate meeting, and the first shall

be held the week after the applications are due. Each registered ticket must have at least one

representative present at the all-candidate meeting. If a ticket does not have a representative

present at the All-Candidate Meeting, or does not notify the Election Commission ahead of

time of their absence, the ticket will be disqualified.

Debate. A debate shall occur during the campaign period. All groups of executive candidates

shall be required to participate in the debate. The Election Commission will have full

discretion over the planning, rules, and procedures of this debate.

Withdrawal of Name from Ballot. Any candidates wishing to withdraw his or her name

from the ballot must provide a written request for a withdrawal from the election to the

Election Commission no later than one (1) week before the IUSA Election begins.

Review of Ballot. Each candidate shall have the opportunity to review the official ballot no

later than 1 week prior to the beginning of the IUSA Election and shall bring any issues of

accuracy to the Election Commission within (2) days. Unless otherwise directed by the

Election Commission, no other ballot review requests may be honored.

Testing the Election System. The Election Commission shall verify that the online voting

system works by testing the system at least 24 hours in advance of the polls opening.

IUSA Election. The IUSA Election shall be held in the Spring semester, on any two

consecutive days occurring on a Tuesday, Wednesday, and/or Thursday at least two weeks

after the first All-Candidate Meeting. The Elections Commission shall select and publicly

announce the election dates by the first day of class of the Spring semester.

Section 109: Single Ticket Election.

In the case that only one ticket applies to run for IUSA by the application deadline, no further

applications will be accepted, and no exceptions will be made. As IUSA elections serve to raise

awareness of the student government among the student body as a whole, elections will still occur

according to the mandated timeline. The Election Commission will oversee these elections, and the

candidates of the unopposed ticket will be required to campaign on both days of the election.

TITLE II: Candidate Eligibility

Section 201: General Eligibility.

Any undergraduate student of Indiana University shall have the option of being a candidate for any

elected IUSA position, except for designated graduate student Congressional seats, provided that such

a member meets the other eligibility requirements in this Code. All candidates must be undergraduate

students for the duration of their term in office.

Section 202: Filing for Candidacy.

To properly file for candidacy, a candidate must submit to the Student Life and Learning Office a

signed application listing the IUSA office the candidate is seeking. This application must be submitted

prior to the deadline set by the Election Commission. Applications for candidacy shall be accepted if

the candidate meets all other eligibility requirements in this Code. The candidate will be listed on the

ballot by his or her first and last name. If the candidate wishes to be listed by any other name, he or

she must request the use of a particular name on this application, subject to the approval of the

Election Commission.

Section 203: Receipt of Application.

When an application is filed, the candidate shall be given a receipt that notes the date and time that the

application was received. Any application received after the deadline shall not be accepted.

Section 204: Residency Eligibility.

Candidates for Student Senator must live in the district for which they are running during the fall and

spring semesters immediately following the election. A Candidate will be required to provide proof

that they will meet the residency requirement to the Election Commission no later than two (2) weeks

prior to the IUSA election. Candidates who cannot or choose not to provide this proof or a written

statement affirming their eligibility shall be disqualified and their names shall be removed from the

ballot.

Section 205: School Membership Eligibility.

Candidates for Student Representative must be a member of the school whose students they will

represent during the fall and spring semesters immediately following the election. A Candidate will be

requested to provide proof that they will meet the school membership eligibility requirement to the

Election Commission no later than two (2) weeks prior to the IUSA election. Candidates who cannot

or chose not to provide this proof or a written statement affirming their eligibility shall be disqualified

and their names shall be removed from the ballot.

Section 206: Congressional Seats.

Congressional seats shall be allocated on a yearly basis as directed by the IUSA Constitution and by-

laws. The Election Commission Chair shall verify the composition of the Congress for the academic

year following the IUSA election with the sitting IUSA administration and make publicly available a

full list of these Congressional seats.

Section 207: Academic Requirement.

No candidate may be on academic probation or on university suspension and be a candidate for an

IUSA office. All candidates must possess a college grade point average above 2.5 on a four (4) point

scale.

Section 208: Candidacy for More Than One Office.

No person shall simultaneously be a candidate for more than one elected position in IUSA. No elected

members of Congress shall simultaneously hold appointed positions in the IUSA executive branch or

judicial branch and vice versa.

Section 209: Running Mates.

A candidate for any one of the four elected executive offices of President, Vice President,

Congressional Secretary, or Treasurer must be a running mate with a candidate for each of the other

three elected Executive offices, forming an executive slate. These candidates shall run as a group and

state an affiliation with a candidate for each of the other three executive offices. No individual may

run for an IUSA executive position without the aforementioned running mates. Executive groups must

also run as a ticket (see Section 210).

Section 210: Tickets Defined.

An executive ticket shall be defined as any group of executive running mates plus a minimum of one

(1) Congressional candidate that has stated an affiliation with the executive group. No group of

executive candidates shall be recognized other than those that meet this requirement. Congressional

candidates may state an affiliation with a ticket or run as a nonaffiliated candidate.

TITLE III: Voting and Voters

Section 301: Voter Eligibility.

All students of Indiana University shall be eligible to vote in the IUSA Election. Each voter shall cast

one and only one vote, and that vote shall only be on his or her behalf. Each voter shall have the

option to cast a vote for one executive slate, and for as many Congressional representatives as he or

she should so choose. No qualified elector may vote unless the elector can verify eligibility to vote as

a student through an electronic or otherwise designated method of voter verification.

Section 302: Online Voting.

Voting shall be open from 10:00 AM on the first day of the IUSA Election to 10:00 PM on the second

day of the IUSA Election for a total time period of thirty-six (36) hours. Online voting will be the

primary medium used for casting valid votes. In order to cast an on-line vote, a voter shall only be

required to use his or her IU username and network ID passphrase to access his or her individualized

ballot.

Section 303: Polling Locations.

The Election Commission shall coordinate with the Student Life and Learning Office to reserve a

number of highly trafficked areas on campus to serve as polling locations during the two days of the

IUSA Election.

1 The Election Commission will coordinate and host a minimum of three (3) on-campus polling

stations across campus. The following locations are recommended: Woodburn Clock Tower, 10th and

Fee, and Dunn Meadow. A list of the finalized polling locations shall be distributed to tickets and

nonaffiliated candidates at a minimum of one (1) week prior to the first election day.

2 No party affiliated with any ticket may campaign or linger for an excessive duration within a ten

(10)-foot radius of any polling station, unless it is for the express purpose of casting his or her own

vote.

3 Each ticket may provide a small (max 3’x 5’) promotional material to appear at each polling station,

but must be purchased at the responsibility of the ticket or nonaffiliated candidate. The primary

function of this material must be to inform voters of their ticket and platforms. It is the responsibility

of the ticket or nonaffiliated candidate to reclaim all tables or campaign materials from polling

locations.

4 The Election Commission may provide a provisional ballot through an online or print medium to be

used at the polling locations in order to maximize efficiency of the voting process. If doing so, the

Election Commission must require proper identification and take adequate steps to ensure that no

voter is casting more than one ballot, and that all votes adhere to the Election Code.

Section 304: Election Day Campaigning.

Informational material may be distributed by a candidate or ticket on the days of the election.

Distribution of certain goods on the days of the election is limited under Section 601.

Section 305: Plausible Student Mandate for Executive Candidates.

Executive Candidates shall be elected by a simple plurality vote. In the case of a tie, the Student Body

President shall call for an emergency Congressional meeting within five (5) days of the public release

of the election results. Congress shall designate procedures to select a winner to be enacted by the

Election Commission within five (5) calendar days following the public release of the results.

Section 306: Plurality Vote Required for Congressional Candidates.

Candidates for Congressional seats shall be elected by a simple plurality vote. In the case of a tie, the

Student Body President shall call for an emergency Congress meeting within five (5) days of the

public release of the election results. Congress shall select the winning candidate by a simple majority

vote and immediately release the results to the Election Commission and all candidates.

Section 307: Ballots.

The ballot for the IUSA Election shall first identify all eligible tickets and provide a brief overview of

each ticket’s platforms. The ballot shall include Executive candidates and Congressional candidates.

The ballot shall place all Congressional candidates in alphabetical order and give the option of straight

ticket voting at the top of the ballot. Each candidate shall be listed on the ballot by his or her first and

last name only, unless the Election Commission has approved the use of a nickname. Each

Congressional candidate shall have the option to place his or her ticket affiliation next to his or her

name. Executive candidates must designate ticket affiliation.

Section 308: Alternative Voting Processes.

No voting process shall be allowed that is contrary to the provisions provided in this Code.

TITLE IV: Campaign Spending

Section 401: Campaign Expenditures Defined. Any purchase or donation which is used for promoting any candidate or ticket shall be considered a

campaign expenditure. In determining the value of an expenditure, nonaffiliated candidates or tickets

shall be assessed the fair market value of the goods or services used to campaign. For the purposes of

this section, fair market value shall be defined as the ability of interested parties to secure the same

goods or services in question. No single candidate or ticket shall be penalized for a vendor’s inability

to supply every or any candidate or ticket with goods or services used for campaigning. The Election

Commission shall have the authority to determine whether any purchase is a campaign expenditure

and what the fair market value of the expenditure is according to the definition of this section. Any

candidate may request from the Election Commission an advisory opinion as to whether a particular

purchase would constitute a campaign expenditure and what value it would be assessed. Advisory

opinion requests must be answered and returned to candidates within three (3) calendar days.

Section 402: Contributions for IUSA Elections.

Candidates for IUSA Office appearing on the election ballot may contribute up to one thousand

dollars ($1,000.00) of their own funds to their campaign or ticket with which they are affiliated. Any

individual or organization not appearing on the ballot may contribute up to two hundred and fifty

dollars ($250.00) in any one IUSA election. Total campaign expenditures may not exceed total

campaign contributions. Additionally, campaign expenditures may not exceed three thousand dollars

($3,000), regardless of total campaign contributions.

Section 403: Financial Statements.

A financial statement is defined as an itemized list of all campaign expenditures, including receipts

and appropriate documentation for each campaign expenditure listed, and an itemized list of all

contributions. Documentation of expenditures must include the fair market value of the expenditure,

appropriate vendor contact information (a minimum of vendor name, telephone number and physical

address), a purchase date, and a description of the item. Documentation of contributions must include

an itemized list of all contributions and the signature of each contributor, date of contribution, and the

contributor’s association with the candidate or ticket. Each financial statement must be signed by the

candidate for President or Treasurer for statements from tickets and by the nonaffiliated candidate for

non-affiliated Congressional candidates.

Section 404: Submissions of Intermediate Financial Statement to the Election Commission.

Each nonaffiliated candidate or ticket must submit unified intermediate financial statements, along

with appropriate receipts to the Election Commission no later than 4:00 p.m. on every other Friday

after applications are due, beginning the week applications are due and up to and including the last

Friday before the IUSA Election. These financial statements must be cumulative and shall state all

expenditures and contributions made to date. The Election Commission may grant an extension, not to

exceed four (4) hours in length, provided the request for the extension is made prior to the deadline.

All financial disclosure affidavits and financial statements will be made public the following Monday

and can be viewed and duplicated during normal IUSA office hours.

Section 405: Submission of Final Financial Statement to the Election Commission.

Each nonaffiliated candidate, executive group, or ticket shall submit a unified final financial

statement, along with appropriate receipts, to the Election Commission, no later than 5:00 p.m. on the

day after the IUSA Election. A financial statement must be submitted, even if the statement reflects

that no expenditures were made. This final financial statement must be cumulative and shall state all

expenditures and contributions made or given after candidate applications were due and through the

end of the IUSA Election. The Election Commission may grant an extension, not to exceed four (4)

hours in length, provided the request for the extension is made prior to the deadline.

Section 406: Disclosure of Financial Statements.

All financial statements of nonaffiliated candidates or tickets shall be public information, and shall be

stored for no less than five years in the IUSA office.

TITLE V: General Campaign Violations

Section 501: Improper Use of Email.

The central username-specific email containing the link to the online ballot will be sent to the entire

student body. The individualized link will not have extension capabilities (i.e. no party or affiliated

person may email or circulate the link through any technological medium).

Any email sent to multiple voters soliciting votes that does not have all email addresses in the blind

carbon copy (BCC) line shall constitute a violation of this Code. Any voter that requests to be

removed from campaign emails soliciting votes must be removed from all ticket mailing lists within

36 hours.

Section 502: Improper Use of IUSA Office Space.

No ticket or nonaffiliated candidate is to use the IUSA office space for campaign purposes of any

kind.

Section 503: Damage to Property.

Stealing, removing, destroying, damaging, or defacing University or private property shall constitute a

violation of this Code.

Section 504: Affirmative, Deliberate Act to Cause Another’s Violation.

No candidate, ticket, or anyone acting on their behalf shall deliberately cause any candidate, executive

group, or campaign ticket to be in violation of this Code.

Section 505: Interference with Campaign Materials.

No candidate, ticket, or anyone acting on their behalf shall deface, destroy, remove, alter, or otherwise

change any candidate’s campaign materials without their expressed permission.

Section 507: Additional Residence Hall Restrictions.

Any candidate, ticket, or any person acting on behalf of any candidate or ticket found in violation of

policies or guidelines established by Residential Programs and Services (RPS) and/or the Residence

Halls Association (RHA) regarding conduct within a dorm, shall constitute a violation of this Code

unless expressed permission contrary to standing policies is granted by officials of the aforementioned

organizations

Section 508: Campaigning in Study Areas.

With the exception of students at approved IUSA Election Commission polling locations on election

days, campaigning inside university library or computer labs at any time shall constitute a violation of

this Code with the exception of lobbies or public gathering areas inside of these buildings. For the

purposes of this section, the term “campaign” is not meant to include emailing, posting material, or

wearing campaign clothing. It is meant to include any activity that is disruptive to students, such as

person-to-person solicitation or distribution of campaign materials.

Section 509: Financial Disclosures.

Any candidate or ticket failing to meet the requirements for financial disclosure laid out in Sections

402, 403, 404 and 405 shall constitute a violation of this Code.

Section 510: Violations of University Policies.

Any ticket, candidate, or any person acting on behalf of any ticket or candidate found to have violated

a publicly disseminated university policy, including the policies of the Student Life and Learning

Office, University Information Technology Services (UITS), and those found in the Code of Student Rights, Responsibilities, and Conduct, for the purpose of promoting a candidate or ticket shall

constitute a violation of this Code.

Section 511: Voting at Bars.

No active campaigning efforts, including distribution of promotional materials and person-to-person

canvassing, may occur in an establishment that requires patrons to be 21 years or older. Note that this

does not include inactive or unintentional campaigning, such as wearing a ticket-affiliated shirt or

paraphernalia.

TITLE VI: Campaign Violations Eligible for Disqualification

Section 601: Voter Fraud.

Voter fraud shall be defined as, but not limited to, any act that prevents a voter from casting a vote in

any IUSA election, any act that attempts to remove a voter’s right to cast a vote for himself or herself,

any act that attempts to purchase the ability to vote for a voter, or any act in which anyone attempts to

cast a vote for another voter without their expressed consent. Examples of voter fraud include, but are

not limited to, the following:

1 Distributing to voters the link through which they can access the online ballot.

2 Intimidating a voter or offering a voter any amount of money or services in exchange for a vote.

Goods given to voters after a vote must be below $1.00 in value (stickers, candy, pens, etc. are

acceptable). The Election Commission has full discretion to rule on this matter, so written notification

seeking the Commission’s permission is encouraged.

3 Preventing a voter from casting a vote or preventing a voter from casting a vote for the candidate he

or she desires.

4 Changing a vote once it has been cast or using false information to cast a vote.

5 Pressuring a voter to vote one way or another while they are in the immediate process of voting.

6 Providing technology of any sort to a voter through personal solicitation – essentially serving as a

polling station. This is independent of the number of votes gathered utilizing aforementioned

technology (i.e. One vote or 100 votes collected in this manner qualifies as voter fraud).

Violations of this section by any candidate, ticket, or anyone acting on their behalf will be eligible for

disqualification or ballot deductions.

Section 602: Excessive Campaign Contributions.

Any candidate, ticket, or any person acting on their behalf found in violation of campaign contribution

limits as defined Section 402 shall be in violation of this Code and eligible for disqualification.

Section 603: Excessive Campaign Expenditures.

Any candidate or ticket that spends more than the total funds that they have received in contributions

at any given time during the election, or any candidate or ticket that spends more than three thousand

dollars ($3,000), regardless of the amount of campaign contributions received, shall be in violation of

this Code and eligible for disqualification.

Section 604: Candidate Cooperation.

Any intentional attempt of a candidate or ticket to deceive or mislead the Election Commission, or an

inquiry or investigation thereof, shall constitute a violation of this code. Candidate honesty is of the

utmost importance in conducting a fair election, resolving election disputes, and serving IU students

as elected members of IUSA. Actions contrary to this Section may provide sufficient grounds for

disqualification.

Section 605: Material Violations.

The Election Commission, after compiling Complainant reports of general violations, shall decide if

one or any violations by the ticket or nonaffiliated candidate could have been materially contributory

to the outcome of the election. Materially contributory violations render tickets or nonaffiliated

candidates eligible for disqualification.

TITLE VII: Evidentiary Standards and Procedures for Disqualifications

Section 701: Initial Complaints.

Any member of IUSA who has some credible evidence to find a ticket or nonaffiliated candidate in

violation of any Title of this Code shall report the violation to the Election Commission by filing a

complaint to the Election Commission as per Section 801 of this Code.

Section 702: Evidentiary Standards for the Hearings of Election Complaints.

The Chair of the Election Commission shall determine if there is a preponderance of the evidence for

materiality of the violation(s) of this Code filed against a ticket or nonaffiliated candidate. Section 802

of this Code shall be followed if the violation(s) more than likely occurred.

Section 703: Selectivity of Disqualifications.

If students are running as part of a campaign ticket found to have committed violations, the Election

Commission shall have the authority to determine whether penalties will be imposed upon an entire

ticket or upon only one or more individual candidates. The Election Commission shall base such a

determination on its judgment of whether the evidence presented indicates that a ticket conspired to

commit a violation, or, conversely, that a single candidate or small group of candidates failed to

adhere to this Code without the knowledge of the ticket’s leadership. A single candidate for an

executive office cannot be individually disqualified. If any executive candidate is penalized with

disqualification, the entire executive slate shall be disqualified. In such cases, the Election

Commission may still allow Congressional candidates running with a disqualified executive slate to

remain eligible for election.

Section 704: Ineligibility after Disqualification.

If a candidate is disqualified, the candidate will be ineligible for election to IUSA office during the

election cycle in which the candidate was disqualified. If a ticket is disqualified, all ticket members

are ineligible for election to IUSA office during the election cycle in which the candidates were

disqualified. If a winning candidate or ticket is disqualified after the election, the disqualified

candidate(s) shall be ineligible to take office. Candidates disqualified during one election cycle can

run as candidates in future election cycles provided that they fulfill all other eligibility requirements.

TITLE VIII: Election Complaints and Appellate Procedures

Section 801: Properly Filed Complaints to the Election Commission.

1 Technical Requirements: Each complaint will be filed through an online submission form that will

be moderated by the Elections Commission and made available to all tickets registered by the

deadline.

2 Substantive Requirements: Each complaint must include specific allegations, the names of those

allegedly involved, the dates the alleged violations occurred, citations to the specific portion of this

code that the complainant(s) believes was violated, and a statement as to why disqualification is

necessary. The complainant(s) may attach exhibits to the complaint that serve as documentation

necessary to support the allegations stated in the complaints. However, these exhibits cannot contain

new allegations or arguments to support the allegations not articulated previously.

3 Deadline: A complaint may be submitted to the IUSA Election Commission at any time during the

election until 4:00 PM on the day following the IUSA Election. Upon submission of the online

complaint, the Elections Commission will print and distribute copies of the complaint to the following

entities: the Supreme Court and the Director of Student Life and Learning. A final copy shall be

posted for public view on the bulletin board outside the IUSA Office.

Section 802: Accepting or Rejecting a Complaint.

After a complaint has been properly filed and received, the Election Commission shall meet in private

to discuss the pending matter. If the Chair concludes that the evidentiary standard defined in Section

702 has been met, the Election Commission will move forward with evaluation procedures set forth in

Section 803.

Failure to affirm a preponderance of evidence for the complaint(s) against a Respondent will result in

dismissal of said complaint(s).

Section 803: Procedure for Complaints after Acceptance by the Election Commission.

After a complaint has been accepted by the Election Commission, the Commission will assess the

infraction referred to by the complaint and will evaluate it according to a pre-determined list, which

will set forth percentage-based deductions of votes proportional to the severity of the infraction. This

pre-determined list will encompass several potential violations and their corresponding percentage

loss, and will apply to all tickets in a standardized manner. If the infraction is not on said list but is

similar in nature to pre-determined violations, the Election Commission will use its own discretion to

determine an appropriate percentage of vote deductions applicable.

If, however, the infraction is more severe than those set forth in, or similar to, a pre-determined list,

the Complaint will be formally heard according to the procedures laid out below.

The following procedure shall apply to complaints accepted by the Election Commission for hearing:

1 The Election Commission shall provide copies of the complaints to all candidates affected by the

complaints immediately after acceptance. Also, a copy of the complaint shall be posted for public

view on the bulletin board outside the IUSA Office.

2 Anyone wishing to submit a reply brief must do so by 4:00 PM of the first day of class following

receipt of the copy of the complaint. In order to be properly filed, reply briefs must satisfy the

technical requirements stated in Section 801.

3 The Election Commission shall set and advertise a date, time, and location for the complaint

hearing. This complaint hearing must occur within one (1) class days of the deadline for submission of

reply briefs. The complaint hearing shall be open to the public.

4 At the hearing, each person who filed a complaint or a reply brief shall have the opportunity to make

an initial statement to the Election Commission. Then, the Election Commission shall have the

opportunity to ask questions of the speaker(s). After the question and answer period, each person who

made an initial statement shall have the opportunity to make a closing statement.

5 The Election Commission shall issue a written decision on disqualification within twenty four (24)

hours of the end of the hearing, providing a copy of the written decision to the President, the

Supreme Court, the complainant(s), and all those whose reply briefs were accepted. Also, a copy of

the decision shall be posted for public view on the bulletin board outside the IUSA Office.

Section 804: Appeals of Decisions of the Election Commission.

All decisions of the Election Commission and Student Body Congress may be appealed to the

Supreme Court. Following any decision or action of the Election Commission, any party involved in

the decision or action may petition the Supreme Court for a writ of certiorari:

1 Technical Requirements: Each complaint will be filed through an online submission form that will

be moderated by the Elections Commission and made available to all tickets registered by the

deadline.

2 Substantive Requirements: Each appeal must contain a statement of the specific decision made by

the Election Commission, reasons for why the decision should be overturned, and a specific request

for relief. The appellant(s) may attach exhibits to the appeal that serve as documentation necessary to

support the allegations stated in the appeal. However, these exhibits cannot independently contain

arguments.

3 Deadline: The appellant(s) must submit the appeal no later than 4:00 p.m. on the first day of class

following the day when the Election Commission posts its decision for public review. The appellant(s)

must provide five (5) copies of the appeal, along with an additional copy in digital form (USB drive,

email attachment, or any other form approved by the Chief Justice), to the Supreme Court. The Court

shall keep one hard copy and the digital copy and then distribute one copy to each of the following

individuals: the Chair of the Election Commission, the Assistant Dean of Students, and the Director of

Student Life and Learning. The remaining copy shall be posted for public view on the bulletin board

outside the IUSA Office.

Section 805: Acceptance of Appeals.

The Supreme Court shall set its own guidelines for determining whether to accept an appeal,

regardless of whether the appeal is filed properly or improperly. If the Supreme Court chooses not to

hear an appeal, the decision of the Election Commission shall stand.

Section 806: Procedure for Appeals after Acceptance by the Supreme Court.

The following procedure shall apply to all appeals accepted by the Supreme Court. In hearing appeals,

the Supreme Court shall be confined to the evidence presented in front of the Election Commission

when it made its determination, the petition submitted by the appellant(s), the reply briefs, and the

statements made during the appeal hearing:

1 The Supreme Court shall provide copies of the appeal to the Election Commission within one class

day of granting a writ of certiorari. Also, a copy of the appeal shall be posted for public view on the

bulletin board outside the IUSA Office.

2 Anyone wishing to submit a reply brief must do so by 4:00 p.m. of the first class day following

receipt of the copy of the complaint. In order to be properly filed, reply briefs must satisfy the

technical requirements stated in Section 902 and must be submitted in digital form.

3 The Supreme Court shall set, and then advertise, a date, time, and location for the appeal hearing.

This appeal hearing must occur within four (4) class days of the deadline for submission of reply

briefs. The appeal hearing shall be open to the public and conducted as governed by the internal rules

of the Supreme Court.

4 The Supreme Court shall issue a written decision within forty-eight (48) hours of the end of the

hearing and provide a copy of the written decision to the President, the Election Commission, and all

other parties to the dispute. Also, a copy of the decision shall be posted on the bulletin board outside

the IUSA Office.

Section 807: Procedure for Appeals of a Disqualification.

In the event that the Election Commission disqualifies an individual candidate or ticket, an appeal to

the Student Body Supreme Court may be filed, consistent with the guidelines established in Section

803. If the appeal is accepted, the Student Body Supreme Court shall follow guidelines under Section

805 for procedures in hearing disqualification appeals. The decision of the Student Body Supreme

Court will be final.

TITLE IX: Responsibilities of the Supreme Court Section 901: General Authority.

No IUSA Election shall be considered valid until the Supreme Court certifies the results of the IUSA

Election. The Supreme Court shall have the final authority over all properly appealed IUSA Election

and referendum disputes.

Section 902: Authority to Reverse Decisions of the Election Commission.

The Supreme Court shall have the full and final authority over all accepted appeals of Election

Commission decisions and any subsequent action by the Congress.

Section 903: Certification of the IUSA Election.

The Election Commission shall publicly post the unofficial vote totals of the election once it is

reasonably certain of the accuracy of the count. The Election Commission shall submit to the Supreme

Court, once all financial statements have been verified, the results of the IUSA Election. The Supreme

Court shall then certify the results of the IUSA Election. If the results of the Election Commission’s

decisions, hearings, etc. are properly appealed to the Supreme Court, the Supreme Court shall certify

the results of the IUSA Election only after these complaints and appeals have been heard and resolved.

Certification of the results shall not occur until at least 24 hours (24) have passed following the final

deadline for properly filed complaints (Sections 801 and 803).

Section 904: Installation of new IUSA Officers.

The Supreme Court shall install new IUSA officers as set forth in the IUSA Constitution and Bylaws.

Section 905: New Elections.

The Supreme Court shall have the authority to invalidate an entire IUSA Election, or a portion thereof,

and order a new election of what has been invalidated. This shall occur only after the Supreme Court

has reviewed a complaint, on appeal from the Election Commission, which requests an entirely new

IUSA Election, or a portion thereof, and the petitioner has demonstrated that either a serious violation

of this Code has occurred, or that other rules and regulations grossly influenced the outcome of the

results he or she is contesting.

TITLE X: Responsibilities of Congress

Section 1001: General Authority.

Congress shall have the authority to amend this Code consistent with the dictates of the IUSA

Constitution and Bylaws. Congress shall not have the authority to restrict any voter’s right to endorse

or assist any candidate, except for those voters who sit on the Election Commission, the Supreme

Court, or any individuals involved in conducting electoral procedures.

Section 1002: Annual Congressional Evaluation of Election Code.

The IUSA Congress shall evaluate this Election Code on an annual basis no later than February 1 in

order to address any inconsistencies, confusion, or undesirable effects caused by the Election Code in

the previous IUSA Election.